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DEVINEY v. STATE

No. 90-1297.

579 So.2d 373 (1991)

Brent Keith DEVINEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 15, 1991.

Attorney(s) appearing for the Case

Joseph Jordan, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Miles Ferris, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

The sole issue on appeal is whether the charge of misdemeanor driving under the influence (§ 316.193(1), Florida Statutes), in one count of an amended information, is a lesser included offense of driving under the influence with an accident (§ 316.193(3)(a), Florida Statutes) in a separate count arising out of the same arrest. We conclude that it is and that appellant has been sentenced twice for the same offense. Cf. Satterfield v. State...

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